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STATE v. HAMANN

(CC C142425CR) (SC S064546).

422 P.3d 193 (2018)

363 Or. 264

STATE of Oregon, Respondent on Review, v. Ryan James HAMANN, Petitioner on Review.

Supreme Court of Oregon.

July 5, 2018.

Attorney(s) appearing for the Case

Emily P. Seltzer , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs was Ernest G. Lannet , Chief Defender.

Paul L. Smith , Deputy Solicitor General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Walters, Chief Justice, and Balmer, Kistler, Nakamoto, Flynn, Duncan, and Nelson, Justices.

When a defendant has been convicted of driving under the influence of intoxicants (DUII) three times in a 10-year period, the third DUII offense becomes a felony. ORS 813.010(5). In this case, defendant was charged with felony DUII based on his two prior convictions in the preceding 10 years, but he successfully asserted a statutory...

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